Can a contract be valid without a signature?
May 8, 2023 | 40,00 EUR | answered by Mia Schulz
Dear lawyer,
I hope you can help me with my legal issue. My name is Alexander Schwaru and I have a question regarding contract law. I recently made an oral agreement with a company, however, the contract was not put in writing and was not signed by both parties. Now I am wondering if this orally agreed contract is valid at all and what rights and obligations arise from it.
The situation is as follows: I agreed with the company that they would provide me with a service and in return I would pay a certain sum. This agreement was made orally, but not documented in writing. Now I am worried that in case of discrepancies or disputes, it could be difficult to prove the agreement and enforce my rights.
So my question to you as a lawyer specializing in contract law is: Can a contract be valid without a signature? What legal steps can I take to legally secure the agreement and protect my interests? Are there any other ways to make the agreement legally binding without both parties having to sign the contract?
I would greatly appreciate your assistance in this matter and look forward to your expert advice.
Sincerely,
Alexander Schwaru
Dear Mr. Schwaru,
Thank you for your inquiry regarding contract law. It is understandable that you are concerned if an agreement was only made orally and not documented in writing. Generally, the principle is that a contract can also be concluded orally and is therefore generally valid. However, in practice, it can be difficult to prove the exact contents of an oral agreement, especially when disputes or discrepancies arise.
To legally safeguard your interests and strengthen the oral agreement, there are various options. One option would be to document the agreement in writing and have it signed by both parties. This makes the agreement clearer and more traceable. It is also possible to confirm the agreement via email or messenger service to have at least some form of written communication.
Additionally, you could try to involve witnesses who can confirm the oral agreement. In case of disputes, these witnesses could help to prove the agreement that was made. Another option would be to confirm the oral agreement through implied actions, for example by providing services or making payments that correspond to the agreement made.
However, it is important to note that the burden of proof in case of a dispute over an oral agreement is often heavier than with a written contract. Therefore, it is advisable to always conclude contracts in writing to avoid misunderstandings and disputes from the outset.
In conclusion, an orally concluded contract can be valid, but it is advisable to document the agreement in writing and take further measures to protect your rights and interests. If you have any further questions or need legal advice, I am at your disposal.
Kind regards,
Mia Schulz
Contract Law Attorney
